The subdivider shall construct all required improvements, both on- and off-site, according to approved standards, or approved modifications. No final map shall be presented for approval to the city council or parcel map to the city engineer until the subdivider either completes the required improvements, or enters into an agreement with the city agreeing to do such work.

(Ord. 80-42 (part), 1981).

23.24.010.1 GENERAL – ACCEPTANCE OF DEDICATION AND IMPROVEMENT AGREEMENT.

At the time of the approval of the final map, the city council shall also accept, subject to improvement, or shall reject any or all offers of dedication. As a condition precedent to acceptance of such dedications, the city council shall enter into an agreement with the subdivider requiring that s/he shall improve the streets, easements, and other dedications in accordance with the standards established herein; unless such streets, easements, and other dedications have already been improved. The improvement agreement shall include but will not necessarily be limited to:

(1) Mutually agreeable terms to improve said dedications at the expense of the subdivider.

(2) A statement indicating the period of time, satisfactory to the city engineer, within which the subdivider shall complete all improvement work.

(3) A provision that, if the subdivider fails to complete the work within the period of time, the city may complete the improvement work and recover the full cost and expense thereof from the subdivider or surety.

(4) Provisions for the repair and replacement of defective material and workmanship of said improvements by the subdivider, for a period of twelve months after the city council’s improvement-acceptance date.

(5) Provisions for the inspection of all improvements of the subdivision by the city engineer, for a period of twelve months after the city council’s improvement-acceptance date.

(6) Said agreement may also provide for:

(A) Construction of the improvements by units;

(B) Extension of time under the conditions herein specified;

(C) Release or partial release of improvement security to the subdivider for improvements installed. The total of any partial progress payments shall not exceed ninety percent of the value of the work installed.

The subdivider shall secure the faithful performance of the foregoing improvement agreements in an amount equal to one hundred and twenty-five percent of the estimated cost of said improvements, engineering, and incidental expenses. The subdivider shall further secure the payment for labor and materials in an amount equal to one hundred percent of the estimated cost of said improvements, engineering, and incidental expenses, by one or more of the following means:

(1) A cash deposit made to the city;

(2) A bond by one or more duly authorized corporate sureties;

(3) An instrument of credit from a financial institution, subject to state or federal regulations, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become funds for the purpose set forth in the instrument.

Improvement security may be released in whole upon final completion and acceptance of the work; or progress payments may be made for any portion of the work which has been satisfactorily completed. Prior to any release of improvement security covering such work, the city engineer shall certify to the satisfactory completion of the work and the installation of improvements.

In the event that the subdivider fails to complete all improvement work agreed upon, or required in accordance with the provisions of this title, the city must complete said work. The city shall call on the surety company for reimbursement or shall appropriate funds for reimbursement from any cash deposits. If the amount of the surety bond or the cash deposit exceeds all costs and expenses incurred by said work, the city shall release the remainder of the bonds or of the cash deposit to the subdivider. If the amount of the surety bond or the cash deposit is less than the costs and expenses incurred by the city for the work, the subdivider shall be liable to the city for the difference.

The subdivider shall furnish the city a cash deposit or a bond issued by a duly authorized corporate surety in an amount equal to the estimated cost of setting the monuments required herein. Upon payment to the engineer or the surveyor for setting the final monuments, the subdivider shall present to the city council evidence of such payment and receipt thereof signed by the engineer or the surveyor together with a request that his bond be released or that the cash deposit shall be returned to the depositor at the earliest possible date.

The subdivider shall prepare a complete set of “as built” improvement plans by revising the original copies of the improvement plans filed with the city engineer; and he shall refile the revised plans with the city engineer upon completion of the “as built” revisions. The city engineer shall not recommend formal acceptance of the subdivision improvements by the city council until receipt and acceptance of the “as built” improvement plans.

All improvements as may be required as conditions of approval of the tentative map or by city ordinances shall be required of all subdivisions together with, but not limited to, the following:

(1) Requirements for construction of on-site and off-site improvements for subdivisions of four or fewer parcels shall be noted on the parcel map, or waiver of parcel map or of the subdivision improvement agreement recorded prior to, or concurrent with, the parcel map;

(2) Completion of improvements shall be in accordance with Section 23.24.030 of this title.

The subdivider shall improve or agree to improve all streets, public and private, thoroughfares, public ways, or easements in, or adjacent to the subdivision as needed to meet the requirements of this chapter. No permanent improvement work shall be commenced until one complete set of construction plans and specifications has been submitted to, and approved by, the city engineer. Improvements shall be installed to final line and grade satisfactory to the city engineer and in accordance with the current standard specifications. Standard inspection fees shall be paid where private streets are inspected by city personnel. The minimum improvements which the subdivider shall make, or agree to make, prior to acceptance and approval of the final map by the city are:

(a) Curbs, gutters, sidewalks, paving, grading, drainage, and the structures necessary for the proper use and drainage of streets, highways, and other public ways.

(b) Site grading and drainage, taking into consideration the drainage requirements of adjacent improved and unimproved properties, and treating appropriate upstream areas as fully improved land.

(c) A water system of mains, outlets, fire hydrants, and other facilities required to serve and protect the subdivision adequately.

(d) Sanitary sewer facilities and connections for each lot, with the exception that parcels zoned for residential development on the western side of the eastern branch of Moore Creek north of Highway 1 and containing at least one acre of land area shall only be allowed to be serviced by new septic systems that meet county environmental health department standards.

(e) Street name and traffic-control signs and devices.

(f) Gas, electric, and communication facilities.

(g) Street lighting facilities.

(h) Street trees.

(i) Survey monuments.

(j) Railroad crossings as required to provide access to, or circulation within, the proposed subdivision. The crossings shall comply with the requirements of the California State Public Utilities Commission.

(k) Emergency access shall in all cases provide for a clear travelway twenty feet wide. This applies also in cases where one-way streets are proposed. Access roadway shall be extended to within one hundred and fifty feet of all portions of the exterior walls of the first story of any building.

A street tree and landscaping plan shall be prepared for the entire subdivision. The plan shall include a statement describing plant species, planting, installation, location, maintenance, and other pertinent information. Street trees and landscaping shall be selected, installed, and maintained in accordance with the approved street tree and landscaping plan for the entire subdivision.

(a) Where new street trees, landscaped medians, traffic diverters, chokers, or buffers are proposed and dedicated to the city, a maintenance impact report shall be prepared.

(b) Provision shall be made by the subdivider for the maintenance and the replacement of such plants for a period of ninety days from city council improvement acceptance date.

(c) All new street trees, landscaped medians, traffic diverters, chokers, or buffers shall be installed in accordance with the principles and policies of the Street Tree Ordinance and the parks and recreation department’s park maintenance study. All such improvements in the public right-of-way shall be maintained in accordance with these same policies and principles.

(d) Where the city accepts an offer of dedication of new street trees, medians, traffic diverters, chokers and buffers, the city shall provide maintenance of same. Where such improvements are not in the public right-of-way, maintenance shall be the responsibility of the homeowners’ association.

All utility distribution and transmission lines carrying less than fifty thousand volts (50 kv), equipment, and facilities shall be placed underground and located in conformance with the requirements of the city engineer.

(a) Waiver. This requirement may be waived for appurtenant equipment such as transformers, terminal boxes, etc., when the city engineer determines that topography, soils, or other conditions make underground installation unreasonable or impracticable.

(b) This requirement shall not apply to meters, meter cabinets, or to standards, conduits, or ducts located upon, or immediately adjacent to, buildings or structures to which utility service is being provided.

(c) This section shall not be used to prohibit the erection of poles, without overhead wires, which support street luminaires, fire alarm boxes, and other municipal equipment.

Services from public utilities and from sanitary sewers shall be made available to each lot of the subdivision, in such a manner as will obviate the necessity of disturbing the street pavement, gutter, culvert, and curb when service connections are made, unless the city engineer deems such requirements to be impractical or unnecessary.

The standards contained herein may be modified with due cause by the city council, upon the recommendation of the zoning board or the minor land division committee, in order to better conform with applicable general or specific area plans.

The subdivision shall be designed to preserve the greatest amount of existing vegetation, including trees with a trunk caliper of eight inches or greater. Native or ornamental trees required to be preserved, as shown on the tentative map, shall not be damaged. Trees damaged, destroyed, or removed without prior authorization of the director of planning shall be replaced by the subdivider. The size and species of the replacement trees shall be determined by the director of planning.

Blocks normally shall not exceed two thousand feet in length, except in hillside developments and in subdivisions providing a minimum of twenty thousand square feet of land area per dwelling unit. In any block more than twelve hundred feet long, the zoning board may require that a crosswalk and a pedestrian way be dedicated near the center of the block.

(a) All lots created by a subdivision shall abut an improved street which is developed to the standards hereinafter required.

(b) Driveway aprons shall be either a minimum of twenty feet deep to provide a parking space or shall be sufficiently short so that they do not represent an invitation for parking in the driveway, thus impeding traffic from the travel lane or pedestrian traffic from a sidewalk; driveway aprons must be at least twelve feet wide.

The size, shape, and orientation of lots shall be appropriate to the proposed subdivision location, and to the type of development contemplated. The following principles and standards shall be observed:

(a) The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located. Further, they shall be in keeping with the size and arrangement of existing lots in the immediate area, even though this may require a lot size that is greater than the minimum. Exceptions may be considered where physical constraints make cluster developments more appropriate, or in conjunction with specific area plan requirements, or in conjunction with townhouse dwelling developments.

(b) The side lines of lots shall generally be parallel to each other when located along straight streets or approximately radial to the centerline of curved streets. Side lines of lots located on the turnaround for a cul-de-sac shall be approximately radial to the adjacent right-of-way line of the turnaround.

(c) No lot shall have a street frontage of less than thirty-five feet except as may be approved for flag lots and in planned communities, planned developments, condominiums, townhouse dwellings and cluster housing developments.

(d) Corner lots for residential use shall be platted wider than interior lots in order to permit conformance with the required street side yard requirements of the zoning ordinance.

(e) No residential lot shall have an average depth of less than ninety-five feet, except where unusual topographical conditions prevail. Where the rear of a lot is adjacent to a playground, shopping center, industrial tract, or other nonresidential use, or to the right-of-way of a freeway, railroad, or thoroughfare, the lot shall have a minimum lot depth of one hundred and twenty-five feet.

(h) No property remnant which does not conform to the requirements of this title shall be allowed in a subdivision, unless it is required for a public utility or facility.

(i) A flag lot may be allowed where warranted by physical conditions of land form, existing lot pattern, or unusual size and shape of parcels. The narrow strip of land connecting the main portion of a flag lot to the street shall be not less than twenty feet wide at any point and shall provide practical vehicular access; but it shall not be used to help satisfy the minimum lot area requirement of the zoning district.

(j) The design of double-frontage lots and lots with excessive street frontage shall be discouraged.

(k) The proposed subdivision should be designed to optimize the use of natural elements, such as solar radiation, wind, and landscaping for heating, cooling, and ventilation both within the subdivision and on adjacent properties.

(1) Examples of passive or natural heating opportunities in subdivision design include design of the size and configuration of lots to permit orientation of a structure in an east-west alignment for southern exposure.

(2) Examples of passive or natural cooling opportunities in subdivision design include design of the size and configuration of lots to permit orientation of a structure to take advantage of shade or prevailing breezes.

(3) In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to contour and configuration of the parcel to be divided, to local climate, and to other design and improvement requirements. Such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning ordinances.

(4) The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building, when no new structures are added.

(5) For the purposes of this section, the term “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

(1) Names shall be appropriate for street designation. Names which are so similar in spelling or in pronunciation to the names of existing city and/or county streets, as to cause confusion, shall not be accepted.

(2) The words “boulevard,” “street,” “avenue,” or similar words designating a street shall be written in full on the map and shall be subject to approval by the zoning board.

(3) Any street which is a continuation, or an approximate or logical continuation, of any existing dedicated street shall bear the same name.

(4) Where the extension of a street is impractical or impossible because of physical barriers, the streets shall be given different names, even though they may be in the same general alignment.

(5) Any street that forms a portion or a continuation, or an approximate or logical continuation, of any proposed street which has been previously ordered by the city council to be surveyed, named, opened, widened, and improved shall bear the same name as said proposed street.

(6) One of the following designations that most closely reflects the existing or the proposed adjacent land use, or a designation approved by the zoning board, shall be used in naming a street:

The street design of the subdivision shall relate to the pattern of thoroughfares designated in the General Plan and to any other existing or proposed street designs, as recommended by the zoning board and approved by the city council. Whenever a thoroughfare abuts or traverses a subdivision, it shall be included in the subdivision street design.

The street pattern of the subdivision shall provide for the most advantageous development of adjoining lots, the neighborhood, and the community; and it shall be designed to carry the ultimate traffic of the subdivision and of any other lands it may serve. The street system shall be designed to save and protect existing trees, wherever possible; and it shall be designed in harmony with the topography. The following principles and regulations shall be observed in the design of street patterns:

(1) The street system shall contain sufficient collector streets and thoroughfares to carry all proposed traffic through the subdivision. Whenever possible, thoroughfares shall be located on the periphery of the subdivision.

(2) Local streets shall be designed to discourage through traffic. Long, straight local streets conducive to high-speed travel shall be avoided. Cul-de-sacs and loop streets shall be used in appropriate locations in residential districts.

(3) The centerlines of local streets, if not in alignment, shall be adjusted by curves to meet or shall be offset at least one hundred and twenty-five feet. Collector streets and thoroughfares may be required to have greater offsets.

(4) Proposed streets shall align with existing streets and extend to the boundary of the subdivision for future continuation into undeveloped lands, when such connections are necessary for the best development of the subdivision and of surrounding lands.

(5) Where a stub-end street extends to the boundary of a subdivision and serves one or more lots or is more than one hundred feet long, the subdividers shall provide either a temporary turnaround or a temporary connection to another street, pending the extension of said street into the adjacent property. It shall be the responsibility of the developer of such adjacent property to replace the temporary turnaround or temporary street connection with a permanent street section, at the time the subject property is developed.

(6) Streets shall be designed to intersect at right angles as nearly as topography and other limiting factors of good design will permit. “T” intersections, rather than “X” and “Y” intersections, shall be used whenever possible.

(7) Reserve strips designed to provide private control of access to streets, easements, or other public ways will not be approved.

(8) Half-streets will not be approved. Boundary streets shall have a right-of-way width of not less than forty feet and shall be improved as specified by the city engineer.

(9) Where provided, alleys shall be fully improved to the standard specifications and shall have proper lighting, as specified by the city engineer.

The design of subdivisions adjacent to thoroughfares shall be as recommended by the General Plan and as determined by the zoning board. The following principles and standards shall be observed:

(1) Street and lot layouts in residential subdivisions shall be designed to minimize the effect of the adjacent thoroughfare traffic.

(2) The number of streets intersecting thoroughfares shall be held to a minimum. Wherever practicable, such intersections shall be spaced not less than one thousand feet apart.

(3) Frontage roads, where required, shall conform to the standards specified herein. Such roads shall enter thoroughfares by means of “bulb” type intersections capable of storing at least two cars between the frontage road and the thoroughfares.

(4) Frontage roads shall be separated from thoroughfares by a permanently landscaped strip, not less than ten feet in width. The subdivider shall plant such parkways with low-maintenance landscaping and shall provide automatic irrigation systems to water all plantings effectively. The subdivider shall maintain all plantings and shall replace any dead or diseased planting material for a period of ninety days from the city council improvement-acceptance date.

(5) Where frontage roads are not required, residential lots abutting a thoroughfare will normally be required to be served by a street paralleling the thoroughfare, at a minimum lot depth of one hundred and twenty-five feet therefrom, or by a series of cul-de-sacs. In such case, a wall or fence or landscaping strip, or a combination thereof, as approved by the director of planning, shall be required at the property lines adjacent to the thoroughfare.

(6) When any lot abuts two streets, one of which is a thoroughfare, the subdivider may be required to execute and deliver to the city an instrument, deemed sufficient by the city attorney, waiving access rights from the lot to the thoroughfare.

The following principles and standards shall apply to the design and the installation of curbs, sidewalks, and pedestrian ways.

(a) Vertical-type curbs and gutters shall be required in all subdivisions.

(b) Sidewalks shall normally be required on both sides of the street in any subdivision and shall normally be located within the street right-of-way, except as otherwise provided herein.

(c) A paved, or otherwise improved, pedestrian way, not less than ten feet wide may be required, through unusually long blocks or when necessary to provide access to schools, shopping centers, transportation, or other community facilities.

(d) All proposed bikeways shall conform to the design and construction standards contained in the city of Santa Cruz bikeway study. When not located in the public right-of-way, bikeways shall be maintained by the homeowners’ association.

(e) Should the subdivision be on an existing or planned transit route, a bus stop pullout may be required; if so, it shall be designed according to Santa Cruz Metropolitan Transit District specifications. Bicycle-locking facilities shall also be provided at these locations.

All streets and thoroughfares shall be platted according to the basic street standards contained herein, except that higher standards may be required where streets are to serve commercial or industrial property, or when dense traffic conditions are predicted.

(a) Divided Thoroughfare. Designed to serve high-volume (four lanes or more) inter- and intra-urban traffic needs, where full or partial control of access and a minimum of intersecting streets are desirable. Adjacent land uses should be located on frontage roads, cul-de-sacs, or back-up lots.

(b) Thoroughfare. Designed to serve high-volume, inter- and intra-city traffic needs and to act as distributors between freeways, other thoroughfares, and major traffic generators. Adjacent land uses should be located on frontage roads, cul-de-sacs, or back-up lots. Thoroughfares should be spaced approximately one mile apart in outer sections of the city, to a few blocks apart in highly built-up, congested areas.

(c) Parkway. Designed as a scenic drive or to connect thoroughfares to local street or public facilities, such as park overlooks, community assembly points, and beaches. A minimum of intersecting streets is desirable. The center median shall be designed to minimize the number of points of cross traffic.

(1) Acceptable Modifications.

Increase from two to six lanes, with a proportional increase in the right-of-way width, as required by the traffic demand.

Reduction of the center median to four feet, where sufficient right-of-way width is unavailable and where left turns are not required.

Sidewalks on side of primary use only, in areas of minimal pedestrian use.

(2) Modifications or Use Prerequisites.

Subdivider’s option, upon recommendation of the zoning board and approval by the city council.

(d) Industrial Streets. Designed to serve facilities within industrial areas and to connect such areas with the major street system.

(e) Collector Streets. Designed as connecting traffic facilities between local streets and thoroughfares. Such secondary streets should be spaced one-third to one-half of a mile apart within neighborhoods. They should be arranged to provide service to schools, parks, churches, public facilities, shopping centers, etc., and to discourage through-neighborhood traffic.

(f) Split-Level Collector Streets. Designed as connecting traffic facilities between local streets and thoroughfares, primarily in residential hillside areas where, because of topographical conditions, a standard local street would not be feasible. The right-of-way of a split-level collector street shall include the land between the two sections.

(g) Local Street. Designed to provide direct access to abutting property, primarily in residential districts. Continuity is not necessary. Curvilinear and loop streets may be desirable.

(1) Acceptable Modifications.

Sidewalks may be located on one side of the street if designated crosswalks are provided at regular intervals.

Where a subdivision is part of a planned development or cluster, a system of sidewalks separate from streetside sidewalks may be used to provide access to neighborhood streets from all major areas of a subdivision.

A subdivision may propose private streets when:

The streets are intended for internal circulation only; and

A homeowners’ association is proposed which maintains landscaping, recreation rooms, common space, and streets, etc., or

A homeowners’ association is proposed which maintains at least streets, and has four or fewer units.

Private streets shall be designed for local traffic only and have two travel lanes of at least ten feet each. Ultimate street width shall depend on how the proposed street design accommodates the two travel lanes as well as parking.

Parking provisions for subdivisions with private streets shall comply with the off-street parking regulations of this title. In addition, provision shall be made for two additional parking spaces per unit. This parking can be provided in various ways:

Parking bays removed from the travelways;

Off-street parking within a common area removed from travelways, in close proximity to units served.

On-street parking lanes either on one or both sides of the street, minimum width eight feet;

Driveway approaches may be counted as additional parking, so long as driveway depth is at least twenty feet beyond curb or sidewalk;

Additional parking shall be provided within three hundred feet of the use intended to be served.

(h) Local Hillside Streets. Designed to provide direct access to abutting properties, primarily in residential, designed, hillside areas, where, because of topographical conditions, a standard-width local street would not be practicable.

(1) Acceptable Modifications.

A curb-to-curb width of twenty-eight feet and a right-of-way width of forty-eight feet, in designated hillside areas supporting a density of one dwelling unit an acre (1 DU/Acre) or lower.

A curb-to-curb width of twenty-four feet and a right-of-way width of forty-four feet, in designated hillside areas where parking bays are provided. One such parking bay nine feet by twenty feet shall be required within the right-of-way, in lieu of parallel on-street parking spaces, for each fifty feet of lot frontage, or portion thereof, served by the street. Such parking bays may be located on either or both sides of the street.

Walks on the “use” side only, on a local hillside street providing access to land use on only one of its sides.

Walks, or improved pathways, on only one side of a local hillside street, in areas supporting a density of one dwelling unit an acre (1 DU/Acre) or lower.

No walks in areas supporting a density of one dwelling unit for each three acres (1 DU/3 Acres).

(i) Cul-de-Sacs. Designed to facilitate the development of areas where through streets are unnecessary or difficult to develop, to eliminate through traffic, or to serve otherwise unusable or inaccessible land areas. Primarily to be used in residential districts.

(1) Acceptable Modifications.

A landscaped center island with a twenty-foot diameter turnaround with a curb-to-curb diameter of ninety feet and with a right-of-way diameter of one hundred and ten feet.

A curb-to-curb width of twenty-eight feet and a right-of-way width of forty-eight feet, in designated hillside areas supporting a density of one dwelling unit an acre (1 DU/Acre) or lower.

A curb-to-curb width of thirty-two feet and a right-of-way width of fifty-two feet in designated hillside areas.

A curb-to-curb width of twenty-four feet and a right-of-way of forty-four feet, in designated hillside areas where parking bays are provided. One such parking bay, nine feet by twenty feet, shall be required within the right-of-way in lieu of parallel on-street parking spaces, for each fifty feet of lot frontage, or portion thereof, served by the street. Such parking bays may be located on either or both sides of the street.

Walks on the “use” side only of a local hillside street providing access to land uses on only one of its sides.

Walks or improved pathways on only one side of a local hillside street, in areas supporting a density of one dwelling unit an acre (1 DU/Acre) or lower.

No walks in areas supporting a density of one dwelling unit for each three acres (1 DU/3 Acres).

(2) Modifications or Use Prerequisites.

Subdivider’s option, upon recommendation of the zoning board and approval of the city council.

(j) Frontage Road. Designed to provide access to land uses adjacent to thoroughfares, freeways, or parkways. In order to reduce traffic conflicts, frontage roads should not intersect such thoroughfares; but roads should intersect streets which, in turn, intersect the adjacent thoroughfares.

Exceptions to, or modifications of, the foregoing street standards may be made where necessary or desirable in order to ensure conformance with any applicable area or specific plans. (See Sections 15.12.090, 15.12.100, and 15.24.030.)

Where all or any part of a subdivision has an average cross slope in excess of twelve percent or where, in areas of lesser slope, standard requirements for streets and other improvements would be unduly harmful to unusual or unique natural land features, the zoning board may designate all or part of such lands as “hillside areas.” When a subdivision, or part thereof, is so designated, hillside improvement standards may be applied by the subdivider or may be required by the city council, upon recommendation of the zoning board.